Letter of the Treasury Board of Canada Secretariat, Pension Policy and Programs, 23 September 2026
Reproduced as received. Reply to a letter of 2 September 2026 addressed to the President of the Treasury Board.
Published at https://dzyuban.com/legal/findings/misconduct-pension-rule/ on 24 September 2026.

From: Pension Policy and Programs/Politiques et programmes en matière de pensions <ZZFINANA@tbs-sct.gc.ca>
To: danil.al.ukraine@gmail.com  Cc: ZZFINANA@tbs-sct.gc.ca
Date: 2026-09-23 17:49Z (13:49 EDT)
Subject: RE: The Treasury Board decides whether a police officer keeps a pension, and holds no such power over a deputy minister

Good afternoon, Danilo Dzyuban,

Thank you for your correspondence of September 2, 2026, regarding the application of certain provisions of federal pension legislation and your access to information request (file A‑2026‑00378).

The RCMP pension plan is governed by the Royal Canadian Mounted Police Superannuation Act (RCMPSA) and its regulations. Although subsection 11(4) of the RCMPSA assigns a specific discretion to the Treasury Board, any amendment or repeal of that provision would require an amendment to the RCMPSA. The Minister of Public Safety is the minister responsible for the RCMP pension plan.

The Public Service Superannuation Act (PSSA) no longer contains an equivalent provision. Accordingly, neither the Treasury Board nor the President of the Treasury Board has authority under the PSSA to reduce or withhold a public servant's pension benefit because the person was dismissed for misconduct. Authority to reduce or withhold such benefits cannot be inferred where the legislation does not provide it.

Regarding the request for a fee waiver, we understand that the TBS Access to Information and Privacy Office has responded to you separately on that matter.

Thank you,

Pension Policy and Programs
Employee Relations and Total Compensation Sector
Office of the Chief Human Resources Officer
Treasury Board of Canada Secretariat